VidhiSangh

Supreme Court of India · 24/04/2018

DEPUTY COMMISSIONER OF INCOME TAX, CHENNAIT. JAYACHANDRAN versus T. JAYACHANDRAN

[2018] 5 S.C.R. 619 · 2018 INSC 401

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Summary

The Supreme Court held that the disputed additional-interest amount received by a securities broker for Indian Bank was not his income. The evidence established an agency arrangement: he held the money for procuring demand drafts for payments on the bank’s behalf and returned it accordingly. Physical receipt did not establish real accrual or ownership. Evidence proved in the related criminal proceedings could be considered without treating the criminal court’s findings as binding on the tax authorities.

Issues

  1. Whether the additional-interest funds held by the broker accrued to him as income.
  2. Whether evidence from related criminal proceedings could establish the parties’ relationship in the tax dispute.

Held

Result

Revenue’s appeal dismissed without costs; connected appeals disposed of accordingly. High Court’s exclusion of the disputed sum from the broker’s income sustained.

Judgment PDF: Supreme Court of India, [2018] 5 S.C.R. 619.